[Federal Register Volume 72, Number 136 (Tuesday, July 17, 2007)]
[Rules and Regulations]
[Pages 39010-39011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13826]


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DEPARTMENT OF STATE

22 CFR Part 121

[Public Notice 5867]


Amendment to the International Traffic in Arms Regulations: 
United States Munitions List

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: The Department of State, in consultation with the Departments 
of Defense and Commerce, is amending the text of the United States 
Munitions List (USML), Category XV--Spacecraft Systems and Associated 
Equipment to clarify the coverage and to alter one of the five 
performance characteristics that define radiation-hardened 
microelectronic circuits that are subject to the licensing jurisdiction 
of the International Traffic in Arms Regulations (ITAR).

DATES: Effective Date: This rule is effective July 17, 2007.

ADDRESSES: Interested parties are invited to submit comments at any 
time by the following methods:
     Mail: Department of State, Directorate of Defense Trade 
Controls, Office of Defense Trade Controls Policy, ATTN: Regulatory 
Change, USML Part 121, Category XV, 12th Floor, SA-1, Washington DC 
20522-0112.
     E-mail: [email protected] with the subject line: 
USML Review--Category XV.
    Persons with access to the Internet may also view this notice by 
going to the regulations.gov Web site at: http://www.regulations.gov/index.cfm. Comments will be accepted at any time.

FOR FURTHER INFORMATION CONTACT: Mr. Stephen Tomchik, Office of Defense 
Trade Controls Policy, Department of State, Telephone (202) 663-2799 or 
Fax (202) 261-8199. ATTN: Regulatory Change, USML Part 121, Category 
XV.

SUPPLEMENTARY INFORMATION: The specific results of the Department of 
State-led interagency review are as follows:
    1. Category XV. One substantive change is made to the 
characteristics defining radiation hardened microelectronic circuits in 
paragraph (d). The exponential measure describing the single event 
upset rate described in (d)(4) is changed from 1x10-7 to 
1x10-10. This change reflects the minimal performance 
standard for space applications, and addresses the outcome of evolving 
refinements in the manufacturing process for these circuits.
    2. Several additional textual clarifications are made to the five 
characteristics. The word ``threshold'' is inserted in (d)(2) and 
(d)(4) for purposes of technical clarity. In (d)(3) the insertion of 
the expression ``1 MeV Equivalent'' describes the energetic activity of 
neutrons. Finally, in (d)(4) an expression is added to clarify the 
representative environment for performance in space.
    3. It is stressed that any microelectronic circuit that is 
specifically designed, developed, configured, adapted, or modified for 
a military or space application, to include its incorporation into any 
defense article described on the United States Munitions List (USML) 
remains subject to the licensing requirements of the International 
Traffic in Arms Regulations (ITAR).
    4. Manufacturers and exporters are responsible for compliance with 
the controls of this subchapter. Consequently, the Department of State 
advises that companies must be able to demonstrate, either through 
testing, statistical analyses, design analyses, or other means, whether 
semiconductors meet or fail to meet the parameters established in USML 
Category XV(d). Records of such testing, analyses, or other means must 
be retained and made available as appropriate to demonstrate 
compliance.

Regulatory Analysis and Notices

Administrative Procedure Act

    This amendment involves a foreign affairs function of the United 
States and, therefore, is not subject to the procedures required by 5 
U.S.C. 553 and 554.

Regulatory Flexibility Act

    This rule does not require analysis under the Regulatory 
Flexibility Act.

[[Page 39011]]

Unfunded Mandates Act of 1995

    This rule does not require analysis under the Unfunded Mandates 
Reform Act.

Small Business Regulatory Enforcement Fairness Act of 1996

    This amendment has been found not to be a major rule within the 
meaning of the Small Business Regulatory Enforcement Fairness Act of 
1996. It will not have substantial direct effects on the States, the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.

Executive Orders 12372 and 13132

    It is determined that this rule does not have sufficient federalism 
implications to warrant application of the consultation provisions of 
Executive Orders 12372 and 13132.

Executive Order 12866

    This amendment is exempt from review under Executive Order 12866, 
but has been reviewed internally by the Department of State to ensure 
consistency with the purposes thereof.

Paperwork Reduction Act

    This rule does not impose any new reporting or recordkeeping 
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 
35.

List of Subjects in 22 CFR Part 121

    Arms and munitions, Exports.


0
Accordingly, for the reasons set forth above, Title 22, Chapter I, 
Subchapter M, part 121 is amended as follows:

PART 121--UNITED STATES MUNITIONS LIST

0
1. The authority citation for part 121 continues to read as follows:

    Authority: Sec. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744 (22 
U.S.C. 2752, 2278, 2797); E.O. 11958, 42 FR 4311; 3 CFR, 1977 Comp. 
p. 79; 22 U.S.C. 2658; Pub. L. 105-261, 112 Stat. 1920.


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2. In Sec.  121.1, paragraph (c), Category XV--Spacecraft Systems and 
Associated Equipment is amended by revising paragraph (d) to read as 
follows:


Sec.  121.1  General. The United States Munition List.

* * * * *
Category XV--Spacecraft Systems and Associated Equipment
* * * * *
    (d) Radiation-hardened microelectronic circuits that meet or exceed 
all five of the following characteristics:
    (1) A total dose of 5x10\5\ Rads (Si);
    (2) A dose rate upset threshold of 5x10\8\ Rads (Si)/sec;
    (3) A neutron dose of 1x10\14\ n/cm\2\ (1 MeV equivalent);
    (4) A single event upset rate of 1x10-10 errors/bit-day 
or less, for the CREME96 geosynchronous orbit, Solar Minimum 
Environment;
    (5) Single event latch-up free and having a dose rate latch-up 
threshold of 5x10\8\ Rads (Si).
* * * * *

    Dated: July 11, 2007.
Frank J. Ruggiero,
Acting Deputy Assistant Secretary, Political Military Affairs, 
Department of State.
 [FR Doc. E7-13826 Filed 7-16-07; 8:45 am]
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